Current through Register Vol. 35, No. 18, September 24, 2024
For any burn project of less than one ton of PM-10 emissions
per day or less than 5,000 cubic feet pile volume per day, all of the following
requirements shall apply.
A. The
burner shall burn only under appropriate dispersion conditions. In order to
accomplish this objective, the burner shall follow one of the two options
below.
(1) The burner shall:
(a) ignite burns only during the hours from
one hour after sunrise until one hour before sunset; the burner may apply for a
waiver of this requirement in writing from the department no later than two
weeks prior to the planned burn project; the burner shall document the reasons
for waiver application on the appropriate form provided by the department; the
department shall notify the burner no later than one week prior to the planned
burn project of whether the waiver is granted or denied; the department shall
consider such waiver requests on a case-by-case basis; and
(b) conduct burn projects at least 300 feet
from any occupied dwelling, workplace, or place where people congregate, which
is on property owned by, or under possessory control of, another person; the
burner may apply for a waiver of this requirement in writing from the
department no later than two weeks prior to the planned burn project; the
burner shall document the reasons for waiver application on the appropriate
form provided by the department; the department shall notify the burner no
later than one week prior to the planned burn project of whether the waiver is
granted or denied; the department shall consider such waiver requests on a
case-by-case basis; or
(2) the burner shall:
(a) only burn during times when the
ventilation category is good or better; the burner may apply for a waiver of
this requirement in writing from the department no later than 10:00 a.m. one
business day prior to the planned burn project; the burner shall document the
reasons for waiver application on the appropriate form provided by the
department; the department shall notify the burner no later than 3:00 p.m. one
business day prior to the planned burn project of whether the waiver is granted
or denied; the department shall consider such waiver requests on a case-by-case
basis; and
(b) conduct visual
monitoring and shall document the results; the burner shall maintain records of
those results for a period of one year; for any burn project planned to be
conducted within a one mile radius of a population, the department may require
that the burner notify the department no later than two business days prior to
the planned burn project so that the department may determine whether to
conduct instrument monitoring in addition to visual monitoring conducted by the
burner; the need for instrument monitoring shall be determined by the
department on a case-by-case basis.
B. The burner shall notify the local fire
authority prior to igniting a burn.
C. The burner shall register the burn project
with the department on a registration form provided by the department no later
than 10:00 a.m. one business day prior to the planned ignition of the burn
project. The department shall provide the burner with a registration number for
the burn project. Prior to igniting the burn project, if the burner has not
received the registration number, the burner shall make a good faith effort to
contact the department to obtain the registration number. For burn projects
longer than seven days, the burner shall notify the department separately for
each seven days of burning to be conducted under that burn project
registration. The burner shall not burn more area or volume than the burner has
included in the notification or registration.
D. The burner shall submit a completed burn
project tracking form to the department on a tracking form provided by the
department no later than two weeks following completion of the burn
project.
E. For burn projects
conducted within a one-mile radius of a population, the following requirements
shall apply in addition to all other requirements in this section (20.2.65.102
NMAC):
(1) the burner shall conduct visual
monitoring and document the results; and
(2) the burner shall conduct public
notification of populations within a one-mile radius of the burn project no
later than two days prior to, and no earlier than thirty days in advance of,
igniting a burn project.
F. The burner shall maintain all records of
actions performed pursuant to the requirements of this section for a period of
at least one year.
